NOT PROTECTIVELY MARKED FORCE PROCEDURES. Road Traffic Collisions File Retention Procedure

Transcription

1 FORCE PROCEDURES Road Traffic Collisions File Retention Procedure Procedure Reference Number: Procedure Author: DI C J Warren Procedure Review Date: April 2012 At the time of ratifying this procedure, the author is satisfied that this document complied with relevant legislation and Force requirements. Sign and date C J Warren 31/07/07 Author V Reviewed NOT PROTECTIVELY MARKED 1

2 Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. 1. Responsibilities Guidance Introduction Non Fatal Road Traffic Collision Files Fatal Road Traffic Collision Files Fatal Road Traffic Collision Files Investigated as Homicide Destruction of Files Procedure Aim Appeals Review...7 V Reviewed NOT PROTECTIVELY MARKED 2

3 1. Responsibilities NOT PROTECTIVELY MARKED 1.1 The Detective Chief Superintendent, Force Operations, will have overarching responsibility for this procedure. 1.2 The Detective Inspector, Administration of Justice, in conjunction with the Inspector, Force Operations Roads Policing, will be responsible for ensuring operational staff implement the procedure. In addition they will maintain liaison with TRL Limited, the company contracted to retain and store Fatal Road Traffic Collision files, by the Department of Transport. 1.3 Staff within Area and Motorway Vehicle Collision Recording Section Departments, will be responsible for ensuring Road Traffic Collision files are finalised and submitted for storage in the appropriate manner. 1.4 The Force Archivist, responsible for record management and the Computerised Offsite Record Management System, will ensure Fatal Road Traffic Collision files, investigated as homicide, are stored in accordance with the Homicide and Major Crime Investigations Management of Police Information Group 1 Offences and other Serious Crime Exhibits Retention and Destruction Procedure ( ). 1.5 The Records Manager, Performance Development Services, responsible for record management and the Force Off-site Records Management System, will ensure Non - Fatal Road Traffic Collision files, and those Fatal Road Traffic Collision files returned from TRL Limited are retained, store and destroyed in accordance with this procedure. 2. Guidance 2.1 Introduction The Force has an obligation under the Public Records Act 1958, to ensure all records are subject to effective management systems. Legislative provisions contained within the Data Protection Act 1998, Freedom of Information Act 2000, Guidance on Management of Police Information 2006 [MoPI], Limitations Act 1980 and Human Rights Act 1998 also require records to be properly retained and destroyed The Criminal Procedures and Investigation Act 1996, requires that information which is obtained in the course of a criminal investigation and may be relevant to the investigation is recorded and retained Where a Road Traffic Collision file has resulted in criminal proceedings, regard shall be had to the legislative provisions within the Criminal Procedures and Investigation Act 1996, as detailed in the Codes of Practice para. 5.7 to All material which may be relevant to the investigation must be retained until a decision is taken whether to institute proceedings against a person for an offence. V Reviewed NOT PROTECTIVELY MARKED 3

4 If a criminal investigation results in proceedings being instituted, all material which may be relevant must be retained at least until the accused is acquitted or convicted or the prosecutor decides not to proceed with the case. Where the accused is convicted, all material which may be relevant must be retained until the convicted person is released from custody or six months from the date of conviction in all other cases. If an appeal against conviction is in progress when release from custody occurs, all material must be retained until the appeal is determined This procedure will apply to Road Traffic Collision files [fatal and non fatal] which fall in the following categories: Historic files, which are currently archived Road Traffic Collision files awaiting finalisation Road Traffic Collision files compiled from the date of this procedure 2.2 Non Fatal Road Traffic Collision Files Non Fatal Road Traffic Collision files are compiled from those Road Traffic Collisions that do not, as the title suggests, involve or result in any fatalities. Such collisions and the resulting investigations may result in criminal proceedings Once investigations stemming from these collisions are complete and any criminal proceedings are finalised, staff from the relevant Vehicle Collision Recording Section Department will arrange for the files to be retained and archived Such files shall be transferred to the Records Manager, having responsibility for the Force Off-site Records Management System. The files shall be stored in accordance with Force Off-site Records Management System standard operating procedures Non Fatal Road Traffic Collision files shall be retained for a period of 10 years in line with the Guidance on the Management of Police Information Where a Road Traffic Collision file has resulted in criminal proceedings, regard shall be had to the retention periods within the Criminal Procedures and Investigation Act 1996, as detailed in the Codes of Practice para. 5. It is unlikely there will be a requirement to retain files beyond the 10 year period, due to the maximum sentences available for offences emanating from Non-fatal Road Traffic Collision investigations. However staff should be alive to the provisions of the Code, especially where there is an appeal. 2.3 Fatal Road Traffic Collision Files Fatal Road Traffic Collision files are compiled from those Road Traffic Collisions which involve or result in fatalities. Such incidents will invariably result in a detailed investigation and may result in criminal proceedings being instigated Once investigations stemming from these incidents are complete and any criminal proceedings are finalised, staff from the relevant Vehicle Collision Recording Section Department will arrange for the files to be retained and archived. V Reviewed NOT PROTECTIVELY MARKED 4

5 2.3.3 Such files shall be transferred to TRL Limited, a private company contracted by the Department of Transport, to archive Fatal Road Traffic Collision files TRL Limited have been utilised by Police forces nationally since the 1980s. The files which are archived are a valuable resource of data, which is extracted from the files and utilised by the Department of Transport for research and development purposes TRL Limited provides secure, dedicated storage space combined with a retrieval service. They are compliant with Information Security, Data Protection and Freedom of Information Act requirements Fatal Road Traffic Collision files are to be retained from 100 years from the date of the Road Traffic Collision. They will be held by TRL Limited for 10 years and then returned to the Records Management Section for the remainder of the retention period Where a Fatal Road Traffic Collision file has resulted in criminal proceedings, regard shall be had to the retention periods within the Criminal Procedures and Investigation Act 1996, as detailed in the Codes of Practice para Fatal Road Traffic Collision Files Investigated as Homicide Where a Fatal Road Traffic Collision has been investigated as a homicide, e.g. murder, manslaughter, corporate manslaughter, regardless of the outcome of the investigation, the Fatal Road Traffic Collision file and exhibits shall be retained and stored in accordance with the Homicide and Major Crime Investigations Management of Police Information Group 1 Offences and other Serious Crime Exhibits Retention and Destruction Procedure [ ] This procedure currently specifies detected Homicide and Major Crime Investigation files be retained for 100 years and exhibits shall be retained for a minimum of 30 years The Senior Investigating Officer, responsible for the investigation, shall ensure the Fatal Road Traffic Collision file is endorsed, to indicate the nature of the investigation Once the investigation is complete and any criminal proceedings are finalised, staff from the relevant Vehicle Collision Reporting Section Department will arrange for the files to be retained and archived In these circumstances, Vehicle Collision Reporting Section staff shall make a copy of the Fatal Road Traffic Collision file and transfer the copy to TRL Limited, to ensure complete and accurate data is available for the Department of Transport The original file and exhibits shall be transferred to the Force Archivist, having responsibility for the Computerised Off-site Records Management System. The files shall be stored in accordance with Computerised Off-site Records Management System standard operating procedures. V Reviewed NOT PROTECTIVELY MARKED 5

6 2.5 Destruction of Files The disposal of any Road Traffic Collision file investigated as a homicide must be in accordance with Homicide and Major Crime Investigations Management of Police Information Group 1 Offences and other Serious Crime Exhibits Retention and Destruction Procedure [ ] The disposal of Road Traffic Collision files archived within the Computerised Offsite Records Management and Force Off-site Records Management systems, should follow current disposal procedures. 3. Procedure Aim 3.1 The aim of this Procedure is to detail the retention, storage and destruction procedure for Fatal and Non Fatal Road Traffic Collision files [RTC] and associated exhibits. 3.2 The Procedure will provide clear direction, to ensure Road Traffic Collision files are retained and stored in a corporate manner, having regard to the following legislative provisions and Force Policy: Criminal Procedure and Investigations Act 1996 [CPIA] Data Protection Act 1998 [DPA 1998] Freedom of Information Act 2000 [FOIA] Limitations Act 1980 [LA] Human Rights Act 1998 [HRA] Homicide and Major Crime Investigations Management of Police Information Group 1 Offences and other Serious Crime Exhibits Retention and Destruction Procedure [ ] Guidance on Management of Police Information 2006 [MoPI] 4. Appeals 4.1 Persons affected by the exercise of powers, directives or actions under this procedure have the right to make representations, challenges and/or appeals against the relevant decision(s) through civil litigation or internal management, grievance or police complaint procedures. 4.2 A person who claims that a public authority has acted (or proposes to act) in a way which is unlawful under the Human Rights Act 1998, may bring proceedings against the authority under the Act in the appropriate court or tribunal. Alternatively the person may rely on the Convention right or rights concerned in any legal proceedings, if they are a victim (or would be) of the alleged unlawful act. V Reviewed NOT PROTECTIVELY MARKED 6

7 5. Review 5.1 This procedure shall be reviewed in two years, having regard to the following: The effectiveness of the procedure Changes to relevant legislation Challenges to the procedure Identified inefficiencies, in relation to implementation Impact on diversity and equality Version Date Status Authorised /04/10 Amended to take account of some procedural changes brought about by MOPI. C Warren V Reviewed NOT PROTECTIVELY MARKED 7